Filing for Disability in Texas

The wait times for ALJ hearings in Texas for Social Security and SSI disability benefits are shorter than the national average.

Social Security Disability Insurance (SSDI) and SSI disability
benefits are provided through the federal government, but the disability
determination process differs in each state. In Texas, after you apply
to Social Security for disability benefits and your application is
reviewed by the Social Security Administration (SSA) field office, your
application is sent to the Texas Department of Assistive and
Rehabilitative Services (DARS) in the Division for Disability
Determination Services (DDS). It is here that a disability specialist is
assigned to your case to make a decision regarding whether or not you
will receive disability benefits.

What are my chances of winning disability benefits in Texas and what is the average wait time?

In
Texas, you have a better-than-national-average chance of receiving
benefits after your initial application: 38% of initial applications are
approved in Texas, while only 34% are approved nationally.
Additionally, the processing time for initial cases is four days less
than the national average, with average processing time in Texas being
85 days for initial cases.

At the disability hearing level (the
second level of appeal), you have a less-than-national-average chance at
winning benefits in Texas, but the wait time to get a hearing is
significantly less. In Texas, you will wait an average of 8 months for
a hearing, while the national average is over 11 months. Your chance of
having your disability claim approved is 41%, while your chance of
being denied benefits are 43%. If you are represented by a disability lawyer, your chances of winning increase.

Stage
of Application

Texas

Nationally

Initial Application

38%

34%

Reconsideration Review

12.7%

11.3%

Appeal Hearing

41%

58.3%

Hearing Wait Time

240 days

349 days

If I am awarded disability benefits, how much can I expect to receive in Texas?

How
much you receive as a disability benefit depends upon the type of
benefit you qualify for. Social Security Disability Insurance (SSDI)
award amounts depend on the amount that you paid into the Social
Security system while working. In contrast, Supplemental Security Income
(SSI) is a needs-based benefit, and monthly payments are set by the
federal government. For SSI, an individual will receive $698 per month
and a couple will receive $1,048 per month (in 2012). These amounts are
based on those individuals who have no countable income.

However,
each state has the option of paying an additional monthly amount to
individuals receiving SSI who reside in their state. In Texas, if you
are residing in a Medicaid facility, such as a nursing home, you are
eligible to receive up to $60 from the State of Texas on top of your
payment from the federal government. (Couples who are living in a
Medicaid facility will be considered two individuals once they have
lived together for more than 30 days in the Medicaid facility.)

SSI recipients living independently don't receive a state supplementary payment from the State of Texas.

Are there any vocational resources available to me if I need job retraining?

There
are also 11 local hearing offices (called Offices of Disability
Adjudication and Review, or ODAR) that service the state of Texas. Due
to Texas's size, four of the 11 ODAR offices that services Texas are
actually located in other states. Contact information is below.